Non Compete Agreement Utah With Independent Contractor
Description
How to fill out Utah Answer To Complaint Regarding Noncompete Agreement?
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FAQ
What should be included in a standard non-compete agreement?Name of employer.Name of the employee.Type of work that is restricted.Terms of restriction.Jurisdiction.Duration of the agreement.
Under California Business and Professions Code Section 16600, unless you were an owner of the business, any non-compete clause which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.
No matter what's in your contract, your old employer can't stop you taking a new job unless it could lose them money. For example if you might: take customers to your new employer when you leave. start a competing business in the same local area.
This law states that a non-compete agreement may be enforced if it is part of a reasonable severance agreement mutually and freely agreed upon at or after the time of termination. The non-compete agreement must also meet the common law requirements imposed by Utah courts in order to be enforceable.
A Restraint of Trade clause can never be inserted in a true Independent Contractor agreement - it is quite simply unenforceable. You cannot restrain your plumber or painter or electrician from taking on other work, or from the painting the buildings of companies in opposition to you.
